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John Marshall and the Constitution
Corwin

Page 1 of 265


JOHN MARSHALL AND THE CONSTITUTION 

CHAPTER I.  The Establishment Of The National Judiciary 

The monarch of ancient times mingled the functions of priest and
judge.  It is therefore not altogether surprising that even today
a judicial system should be stamped with a certain resemblance to
an ecclesiastical hierarchy.  If the Church of the Middle Ages was
"an army encamped on the soil of Christendom, with its outposts
everywhere, subject to the most efficient discipline, animated
with a common purpose, every soldier panoplied with inviolability
and armed with the tremendous weapons which slew the soul," the
same words, slightly varied, may be applied to the Federal
Judiciary created by the American Constitution.  The Judiciary of
the United States, though numerically not a large body, reaches
through its process every part of the nation; its ascendancy is
primarily a moral one; it is kept in conformity with final
authority by the machinery of appeal; it is "animated with a
common purpose"; its members are "panoplied" with what is

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